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BOYD v. STATE OF OKLAHOMA

No. 9207.

375 F.2d 481 (1967)

Fred Joe BOYD, Appellant, v. STATE OF OKLAHOMA, Appellee.

United States Court of Appeals Tenth Circuit.

April 5, 1967.

Attorney(s) appearing for the Case

Donald E. Wilson, Denver, Colo., for appellant.

Charles L. Owens, Asst. Atty. Gen., of Oklahoma (G. T. Blankenship, Atty. Gen., of Oklahoma, with him on brief), for appellee.

Before MURRAH, Chief Judge, HICKEY, Circuit Judge, and CHRISTENSEN, District Judge.

PER CURIAM.

Boyd, a state prisoner, appeals from an order denying his petition for a writ of habeas corpus without an evidentiary hearing. He was sentenced on a plea of guilty to a charge of second degree burglary. He neither appealed nor presented a petition for a writ of habeas corpus to the courts of the State of Oklahoma.

Counsel for appellant, mindful that 28 U.S.C. § 2254 requires a state prisoner to exhaust available state remedies, argues that...

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